CPS v Children’s Guardian [2016] NSWCATAD 237

CPS v Children’s Guardian [2016] NSWCATAD 237

The applicant established, on the balance of probabilities and based on all the evidence including expert psychological assessment and lack of subsequent offending, that he does not pose a real and appreciable risk to the safety of children, satisfying the statutory test for the grant of an enabling order and a working with children check clearance.

Jurisdiction
Australia
Judgment Date
30 September 2016
Procedural Posture
Application for Enabling Order Regarding Working With Children Check / Final Determination/decision
Outcome
Application allowed; enabling order and WWCC clearance granted.
Legal Topics
['working With Children Check' 'assessment of Risk to Children' 'enabling Order for Disqualified Person']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'assessment of Risk to Children' 'enabling Order for Disqualified Person']

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Procedural Posture

Application for Enabling Order Regarding Working With Children Check / Final Determination/decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012' 'Whether the applicant should be granted an enabling order and a working with children check clearance']

Ratio Decidendi

The applicant established, on the balance of probabilities and based on all the evidence including expert psychological assessment and lack of subsequent offending, that he does not pose a real and appreciable risk to the safety of children, satisfying the statutory test for the grant of an enabling order and a working with children check clearance.

Court Disposition

Application allowed; enabling order and WWCC clearance granted.

Orders

  • ['The Applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012.' 'The Respondent is to grant the Applicant a working with children check clearance.']